Oxnard proposal to update maps law draws criticism

Backers of a proposed ballot measure to limit development and traffic are worried that the city will allow developers to do an end run around the recommended restrictions.

At issue is an arcane law that requires developers to file different types of maps when seeking approval for projects.

The Oxnard City Council tonight will consider bringing a local ordinance regarding commercial and industrial projects into compliance with state law.

Specifically, developers of commercial or industrial projects can apply for &quot;tentative&quot; maps when the City Council considers a project, but state law allows developers to ask for &quot;vesting maps.&quot;

New restrictions won't apply

Vesting maps ensure that builders can develop a property as long as they comply with ordinances, policies and standards &quot;in effect&quot; at the time of approval, according to a city staff report.

A developer who is granted a vesting map before the proposed Oxnard Traffic Initiative passes would not be subject to its restrictions, city officials said.

&quot;In essence, what you're trying to do is pre-empt the initiative,&quot; said Councilman Tim Flynn, who is pushing the initiative. If passed, the measure potentially could curtail development within five miles of overcongested intersections.

Councilman Dean Maulhardt disagreed with Flynn's assessment, saying council members still could reject requests for vesting maps. With the city law out of compliance, Oxnard risks a lawsuit without more clearly defined rules, Maulhardt said.

Changing this rule is not designed to circumvent the initiative, he said.

&quot;It's all about cleaning up the language,&quot; Maulhardt said.

Mayor Tom Holden said he would postpone tonight's decision if some people believe the city is trying to circumvent the proposed initiative.

Tentative maps conceptual

Proponents recently turned in an estimated 7,560 signatures to the City Clerk. Qualifying for the ballot requires nearly 6,000 verified voters' signatures.

Tentative maps are conceptual. Developers still must present completed plans for sewer, water, drainage and other infrastructure within three years of getting a tentative map approval, Matthew Winegar, the city's Development Services director, said Monday.

A vesting map requires developers to present final plans for all infrastructure. Once a vesting map is approved, developers have at least two years' protection from any new laws.

Developers also must apply for a so-called final map, which permanently locks in approval, Winegar said.

Residential developers already can seek vesting maps. Interest in such maps from residential, commercial and industrial developers has jumped since initiative backers began circulating petitions for signatures, Winegar said.

'Standard practice'

According to Winegar, the callers included Home Depot, which hopes to build a second store in south Oxnard, and SunCal Companies LLC, which wants to build up to 1,150 homes north of the Oxnard Airport.

Home Depot did not ask the city to change the law but is asking for a vesting map, which &quot;has been a standard practice in property development for years,&quot; Kathryn Gallagher, a Home Depot spokeswoman, said in an e-mail.

State law allows for vesting maps to &quot;protect projects from new laws and regulations that were not in effect when an applicant first filed an application for a project,&quot; Gallagher wrote.